Provides for identification and study of infant fatalities and near fatalities resulting from vaccination; requires inclusion of vaccination information in sudden infant death reports; and requires use of federal infant death reporting form.

A1560

ASSEMBLY, No. 1560

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

Co-Sponsored by:

Assemblywoman Fantasia

SYNOPSIS

���� Provides for identification and study of infant
fatalities and near fatalities resulting from vaccination; requires inclusion
of vaccination information in sudden infant death reports; and requires use of
federal infant death reporting form.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning infant fatalities and near fatalities
stemming from vaccination, supplementing Title 26 of the Revised Statutes, and
supplementing and amending P.L.1997, c.175 (C.9:6-8.83 et seq.).

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section)��� a.�� In
any case of sudden or unexpected infant death, the infant�s physician of
record, in cooperation with the emergency medical responders who responded to
the scene of death, the medical examiner who is tasked with performing the
autopsy, the medicolegal death investigator who is tasked with investigating
the scene of death, and any other appropriate parties, shall complete a Sudden
Unexplained Infant Death Investigation Reporting Form (SUIDI form), which is
made available by the federal Centers for Disease Control and Prevention�s
Division of Reproductive Health.

���� b.��� In completing a SUIDI
form under this section, the infant�s physician of record shall attach, as an
addendum to the form�s Infant Medical History section, a record of all vaccines
that have been administered to the infant in the six-month period preceding the
infant�s death.�

���� c.���� A SUIDI form that is
completed pursuant to this section shall be submitted, within 10 days after
completion, to the Child Fatality and Near Fatality Review Board, established
pursuant to section 6 of P.L.1997, c.175 (C.9:6-8.88), and shall be used by the
board for the purpose of:� (1) identifying fatalities and near fatalities among
infant children that may have resulted from vaccination, pursuant to subsection
c. of section 8 of P.L.1997, c.175 (C.9:6-8.90); and (2) engaging in an ongoing
study of vaccination-related infant fatalities and near fatalities, as provided
by section 4 of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill).� SUIDI forms submitted pursuant to this subsection may also be used
by the board for any other purpose that is related to the board�s duties, as
deemed by the board to be appropriate.

���� d.��� As used in this section,
�sudden or unexpected infant death� means the death of a child under three
years of age, in which the cause is not obvious before investigation.

���� 2.��� Section 8 of P.L.1997,
c.175 (C.9:6-8.90) is amended to read as follows:

���� 8.��� The board shall:

���� a.���� Identify the fatalities
of children due to unusual

circumstances according to the
following criteria:

���� (1)�� The cause of death is
undetermined;

���� (2)�� Death where substance
abuse may have been a contributing factor;

���� (3)�� Homicide, child abuse or
neglect;

���� (4)�� Death where child abuse
or neglect may have been a contributing factor;

���� (5)�� Malnutrition,
dehydration, or medical neglect or failure to thrive;

���� (6)�� Sexual abuse;

���� (7)�� Head trauma, fractures
or blunt force trauma without obvious innocent reason such as auto accidents;

���� (8)�� Suffocation or asphyxia;

���� (9)�� Burns without obvious
innocent reason such as auto accident or house fire; and

���� (10)��� Suicide
[
.
]
;

���� b.��� Identify fatalities and
near fatalities
occurring
among children whose family, currently or
within the last 12 months, were receiving services from the division
; and

����
c.���� Identify fatalities
and near fatalities occurring among infant children, which may have resulted,
in whole or in part, from the prior vaccination of the infant.

(cf: P.L.1997, c.175, s.8)

���� 3.��� Section 9 of P.L.1997,
c.175 (C.9:6-8.91) is amended to read as follows:�

���� 9.��� a.�� The board shall
determine which fatalities shall receive full review. The board may establish
local or regional community-based teams to review information regarding
children identified by the board. At least one team shall be designated to
review information regarding child fatalities due to unusual circumstances
[
. At
]

; at

least one team shall be designated to review child fatalities and near
fatalities identified pursuant to subsection b. of section 8 of P.L.1997, c.175
(C.9:6-8.90)
,
as well as child fatalities where information available to
the board indicates that child abuse or neglect may have been a contributing
factor
; and at least one team shall be designated to review infant
fatalities and near fatalities identified pursuant to subsection c. of section
8 of P.L.1997, c.175 (C.9:6-8.90), which may have resulted from vaccination
.

���� b.��� Each team shall include,
at a minimum, a person experienced in prosecution, a person experienced in
local law enforcement investigation, a medical examiner, a public health
advocate, a physician, preferably a pediatrician, and a casework supervisor
from a division field office.�� As necessary to perform its functions, each
team may add additional members or seek the advice of experts in other fields
if the facts of a case warrant additional expertise.

���� c.���� Each team shall submit
to the board chairperson a report of its findings and recommendations based
upon its review of information regarding each child fatality or near fatality.

(cf: P.L.1997, c.175, s.9)

���� 4.��� (New section)��� a.�� The
Child Fatality and Near Fatality Review Board shall study the effects of
vaccination on infant mortality and near mortality.� The purpose of the study
shall be to identify:

���� (1)�� instances in which the
death of an infant is determined to have resulted, in whole or in part, from
vaccination of the infant;

���� (2)�� instances in which a
near fatal event involving an infant is determined to have resulted, in whole
or in part, from vaccination of the infant;

���� (3)�� instances in which the
definitive cause of an infant fatality or near fatality is not clear after
investigation, but in which there is reason to believe that vaccination may
have been a contributing or primary factor leading to the fatality or near
fatality;

���� (4)�� the percentage of total
infant fatalities and near fatalities occurring in the State that definitively
resulted, in whole or in part, from vaccination, and the percentage of total
infant fatalities and near fatalities occurring in the State wherein vaccination
is a suspected, but not proven, factor that may have contributed to the death
or near fatal event;

���� (5)�� patterns and trends in
infant fatalities and near fatalities resulting from vaccination; and

���� (6)�� ways to reduce or
eliminate infant fatalities and near fatalities resulting from vaccination.

���� b.��� In conducting the study
pursuant to this section, the board may seek the advice of persons specializing
in the fields of neonatal, post neonatal, or pediatric pathology, infant
health, immunology, and epidemiology.

���� c.���� Within one year after
the date of enactment of this act, the board shall prepare and submit a report
to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1),
to the Legislature.� The report shall identify the board�s findings from the
study, including, but not limited to, findings on the rate of infant fatalities
and near fatalities resulting from vaccination, and findings on the patterns
and trends that are evident from the data; and shall provide recommendations
for legislative or other actions that can be undertaken to reduce or eliminate
infant fatalities and near fatalities resulting from vaccination, while
continuing to ensure the protection of the public against communicable disease.

���� d.��� The board shall
additionally prepare and submit supplemental reports to the Governor, and,
pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, at
the intervals deemed by the board to be appropriate, but not less often than
every five years after the first report is submitted pursuant to subsection d.
of this section.� Any supplemental report submitted under this subsection shall
include the information required by subsection d. of this section, and shall
additionally identify: (1) the extent to which any prior recommendations of the
board, made pursuant to this section, have been successfully implemented in
practice; and (2) the apparent impact that those changes have had on
vaccination-related infant fatalities and near fatalities during the reporting
period.

���� 5.��� This act shall take
effect immediately.

STATEMENT

���� This bill would provide for
the identification and study of infant fatalities and near fatalities resulting
from vaccination, and would require the inclusion of vaccination information in
reports of sudden or unexpected infant death.

���� The bill would require the
State�s Child Fatality and Near Fatality Review Board, in particular, to identify
fatalities and near fatalities occurring among infant children, which may have
resulted, in whole or in part, from the prior vaccination of the infant.� The
bill would require the board to ensure that at least one of the local or
regional community-based review teams operating under its authority is
designated to review the cases of infant fatality and near fatality that are
identified by the board pursuant to the bill�s provisions.�

���� The board would also be
required to engage in an ongoing study of the effects of vaccination on infant
mortality and near mortality.� The purpose of the study would be to identify:�
instances in which an infant death is determined to have resulted, in whole or
in part, from vaccination of the infant; instances in which a near fatal event
involving an infant is determined to have resulted, in whole or in part, from
vaccination of the infant; instances in which the definitive cause of a death
or near fatal event is unclear after investigation, but in which there is
reason to believe that vaccination was a contributing factor in the death or
near fatal event; the percentage of total infant fatalities and near fatalities
occurring in the State that have definitively resulted, in whole or in part,
from vaccination, and the percentage of total infant fatalities and near
fatalities occurring in the State wherein vaccination is a suspected, but not a
proven, factor contributing to the death or near fatal event; patterns and
trends in infant fatalities and near fatalities resulting from vaccination; and
ways to reduce or eliminate infant fatalities and near fatalities resulting
from vaccination.� In conducting the study, the board would be authorized to
seek the advice of persons specializing in the fields of neonatal, post
neonatal, or pediatric pathology, infant health, immunology, and epidemiology.

���� Within one year after the
bill�s enactment, the board would be required to submit a report to the
Governor and Legislature.� The report would include the board�s findings on the
rate of infant fatalities and near fatalities resulting from vaccination; a description
of patterns and trends that are evident from the collected data; and
recommendations for legislative or other actions that can be undertaken to
reduce or eliminate infant fatalities and near fatalities resulting from
vaccination, while continuing to ensure the protection of the public against
communicable disease.�

���� The board would additionally
be required to provide supplemental reports to the Governor and Legislature, at
intervals deemed by the board to be appropriate, but not less often than every
five years after the first report is submitted.� Any supplemental report would
include the same information that is to be included in the first report, and
would additionally identify:� the extent to which any prior recommendations of
the board have been successfully implemented in practice; and the apparent
impact that those changes have had on vaccination-related infant mortality and
near mortality during the reporting period.

���� In order to facilitate the
board�s work, the bill would provide that, in any case of sudden or unexpected
infant death (i.e., in any case where the cause of death of a child under three
years of age is not obvious before investigation), the infant�s physician of
record, in cooperation with the emergency medical responders who responded to
the scene of death, the medical examiner who is tasked with performing the
autopsy, the medicolegal death investigator who is tasked with investigating
the scene of death, and any other appropriate parties, will be required to
complete a Sudden Unexplained Infant Death Investigation Reporting Form (SUIDI
form), which is made available by the federal Centers for Disease Control and
Prevention�s Division of Reproductive Health.� In completing the form, the
infant�s physician of record would be required to attach, as an addendum to the
form�s Infant Medical History section, a record of all vaccines that have been
administered to the infant in the six-month period preceding the infant�s
death.�

����������� A completed SUIDI form
would need to be submitted, within 10 days after completion, to the Child
Fatality and Near Fatality Review Board, which would then use the forms to
facilitate its identification and study of vaccination-related infant
fatalities and near fatalities, as provided by the bill.� The board would also
be authorized to use these SUIDI forms for any other purpose that is related to
its duties, as deemed by the board to be appropriate.